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Ch10 Legislation / ORDINARY BILL PROCEDURE / Referral to Main Committee or standing or select committee / Advisory report by standing or select committee



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House of Representatives                                Ch 10                                                 p 350

 

Legislation / ORDINARY BILL PROCEDURE / Referral to Main Committee or standing or select committee

 

Advisory report by standing or select committee

Pursuant to standing order 143(b) a bill may be referred to a standing or select committee for an advisory report. The motion of referral may specify a date by which the committee is to report to the House. Bills are referred to the general purpose standing committee, or to the committee formed of House of Representatives members of a joint standing committee, 1 most appropriate to the subject area of the bill. The participation of Members who are interested in the bill but not on the committee is facilitated by the provision that, for the purpose of consideration of bills referred for advisory reports, one or more members of the committee may be replaced by another Member. 2 In addition the normal provision for the appointment of two supplementary members to a standing committee for a particular inquiry also applies. 3 Standing and sessional orders have been suspended to enable a private Member’s bill to be referred to a standing committee for an advisory report. 4

Committee proceedings on a bill are similar to proceedings on other committee inquiries; the committee may invite submissions, and it may hold public hearings before reporting its recommendations to the House. The report is presented in the same manner as other committee reports, with committee members expecting to be able to make statements. Motions to take note of the report are not moved however, as opportunity for debate will occur during subsequent consideration of the bill if it is proceeded with.

After the committee has presented its report, and if the bill is to be proceeded with, the (remainder of the) second reading and the consideration in detail stages will follow in the House, or the bill may be referred for these stages to the Main Committee. The bill cannot be considered in detail until the committee has reported. 5 The time for the consideration in detail stage is set by a motion moved (without notice) by the Member in charge of the bill. 6 Although a formal government response may be presented, 7 the Government’s response to an advisory report may also be given by the Minister in speaking to the bill. If the Government accepts changes to the bill recommended by the advisory report, these are incorporated into government amendments moved during the consideration in detail stage.

Although the standing orders provide for bills to be referred, without notice, to a committee before the resumption of debate on the motion for the second reading, referral at other times (e.g. during debate on the second reading) may occur by motion on notice 8 or following the suspension of standing orders. 9



These ‘deemed’ committees operate as committees of the House, S.O. 227.



By motion moved on notice, S.O. 229(c).



S.O. 215(d).



VP 1993-95/2286-7.



S.O. 148.



S.O. 144.



VP 1993-95/1151, 1318, 1963; VP 2002-04/1533, 1554.



VP 1996-98/843.



VP 1993-95/921-2.